High court held that a magistrate exercising the power under section 125 of crpc cannot compose the civil imprisonment for more than 1 year. Justice Manjari Nehru Kaul was hearing a petition passed by Bal Raj an order of family court where a petitioner was held liable and was asked to undergo 12 month imprisonment in civil composite as man defaulted in payment for 66 month. The court was in view that a court can only impose punishment of 1 month under default of payment unless the payment is made sooner. If the payment is not made even after the expiry of one month then aggrieved party can approach the magistrate enforcing her claim of maintenance for sending husband for civil imprisonment . High court held that petitioner cannot held liable for more then 1 month in any circumstances for civil suit of default payment .Though court ordered family court to revise the judgement
